820349_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

0f W A rF9 Michael F. Easley, Governor
O[4: �G William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
co Alan W. Klimek, P.E. Director
> ~ Division of Water Quality
August 22, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Prestage Farms
PO Box 438
Clinton, NC 28328
Subject: Inadequate Freeboard
No Further Action
P-22 A, B and C
82-349
Sampson County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. The Fayetteville Regional Office has determined that no further enforcement actions will
be taken by the Division for the inadequate freeboard.
However, upon review and consideration of the information submitted, the Fayetteville Regional
Office has determined that an NOV is appropriate due to freeboard in the structural range.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application'equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
A A
KDENR
Customer Service: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirmative Action Employer
50% recycled / 10% post -consumer paper
http:/lh2o.enr.state. nc. us

Inadequate Freeboard
Page 2
Thank you again for your cooperation. if you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
VuIU.'R'awls�
Water Quality Regional Supervisor
cc: FRO File: 82-349
Non -Discharge Compliance and Enforcement Unit
DWQ Central Files

O�OF WA
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3 11 .' -'LwQaj�
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Q -C Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Prestage Farms
PO Box 438
Clinton NC 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
P-22 A, B, and C
#82-349
Sampson County
Dear Sir or Madam:
April 15, 2003
ARR 2 3 2003 i
On February 28, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on September 5, 1997. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the ' inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
WWI
LD1 NR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax (919) 733-W59 512 N. Salisbury St.
Raleigh. North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affimvative Action Employer
50% recycled/ 10% post -consumer paper
h1tp:l/h2o. env state.nc. us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A 'summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made 'to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

Page 6
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm: P -22A, B, &C
Owner/Manager Agreement
I (we) understand and will follow and implement the specifications and the operation and maintenance procedures
established in the approved animal waste utilization plan for the farm named above_ I (we) know that any
expansion to the existing design capacity of the waste treatment and storage system or construction of new
facilities will require a new certification to be submitted to the North Carolina Division of Water Quality (NCDWO)
before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from
this system to the surface waters of the state from a storm event less severe than the 25 -year, 24 hour storm.
The approved plan will be filed on-site at the farm office and at the office of the local Soil and Water Conservation
District and will be available for review by NCDWO upon request.
Name of Facility Owner: Prestage Farms, Inc_
Signature: {,,2ESTA(�iE FAR-$, —1— � .�Q�,,a,.,r C!4r..-
Name of Manager (If different from owner)
Signature:
Name of Person Preparing Plan: G. Glenn Clifton
Affiliation: Prestage Farms, Inc.
Address: P.O. Box 438
Clinton, NC 28329
Phone: [phone]
Date: 2.1 Lr eg
Date:
Signature:Date: L rye jo

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O�O� NJAr�ROG Michael F. Easley, Governor
William G. Ross Jr., Secretary
c y North Carolina Department of Environment and Natural Resources
f
> Alan W. Klimek, P.E. Director
Division of Water Quality
August 22, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Prestage Farms
PO Box 438
Clinton, NC 28328
Subject: Inadequate Freeboard
No Further Action
P-22 A, B and C
82-349
Sampson County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. The Fayetteville Regional Office has determined that no further enforcement actions will
be taken by the Division for the inadequate freeboard.
However, upon review and consideration of the information submitted, the Fayetteville Regional
Office has determined that an NOV is appropriate due to freeboard in the structural range.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
�jA
,CDE�v�
Customer Service: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity 1 Affirmative Action Employer
50% recycled ! 10% post -consumer paper
hftp:/fh2o.enr.state.nc.us

r It
Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Sincere]
aul E. Rawls
Water Quality Regional Supervisor
cc: FRO File: 82-349
Non -Discharge Compliance and Enforcement Unit
DWQ Central Files

A
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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
March 18, 2002
Prestage Farms
P.O. Box 438
Clinton, NC 28329
att: Randy Barefoot
SUBJECT: NOTICE OF DEFICIENCY
LAGOON DIKES
Prestage Swine Facilities
Sampson County
Dear Mr. Barefoot:
�a-3y�
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
On February 27, and February 28, 2002, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted inspections of the company swine facility in Sampson
County. It was observed that the lagoon dikes were in need of the establishment of a cover
grass on several facilities. In addition, minor erosion of the lagoon dike was observed on the
back slope of one lagoons and the clay liner was observed to be eroding above the wastewater
line in a few of the lagoons.
The following is a list of the identified lagoon structures that require attention:
P-2, P-3, P-4, P-5, P-6, Px-8, P-11, P-12 A -D, P-19A&B, P-20, P -22B, Px-300,
require the establishment of a cover grass on the lagoon dikes in accordance with the
NRCS guidelines, primarily to prevent erosion.
2. P-3, P- 12C, P-19A&B, exhibit substantial erosion of the day liner above the existing
lagoon waste level and require an inspection of the remaining liner by a technical
specialist and any repair required to conform with the NRCS guidance prior to the
establishment of a cover grass.
225 GREEN STREET - SUITE 7141 SYSTEL BUILDING! FAYETrEVILLE, NC 28301-5043
PIIONE(910)486-1541 FAX [phone]
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10%. POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Prestage Farms
Page 2
March 18, 2002
3. P -19D was observed to have minor erosion of the backslope on the right rear corner that
requires repair prior to the establishment of a cover grass.
If you have any questions concerning this matter, please call Bob Heath, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Glen Clifton - Prestage Farms
Wilson Spencer - Sampson Co. NRCS

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality �ECEA��
James B. Hunt, Jr., Governor D
Bill Holman, Secretary JUIV 7 2000
Kerr T. Stevens, Director
FA�ETTEVILLE
REG. OFFICE
MR. RANDY BAREFOOT
PRESTAGE FARMS, INC.
P.O. BOX 438
CLINTON, NC 28328
SUBJECT
Dear Mr. Barefoot:
r.r.r•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 25, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Assessment of Civil Penalties for
Violations of Conditions of General
Permit
Farm # 82-349
Sampson County
File No. PC 00-013
This letter transmits notice of a civil penalty assessed against the Prestaae P-22 facility in
the amount of $657.42 includin- S 157.42 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
I. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver font).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity• /Affirmative Action Emplo}•er
50%G rec'rcled / 10%n post-consunrer paper
hap:/Ar2o.enr stare. nc. its
Location:
512 N. Salisbury St.
Raleivh, NC 27699-1617

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Paul=Rawls,;Fayettey_ ille_Regional uperv.isor w/_attachments
File # PC 00-013 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO:
Having been assessed civil penalties totaling
for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated,
, the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
20

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
PRESTAGE FARMS, INC.
FOR VIOLATIONS OF CONDITIONS
OF GENERAL PERMIT
AWG 100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 00-013
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT.
A. Prestage Farms. Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. Prestage Farms, Inc. owns and operates P-22 A, B and C, a swine operation in
Sampson County.
C. Prestage Farms, Inc. obtained Certificate of Coverage AWS820349 under General
Permit AWGt00000 on June 26, 1998, effective June 26, 1998, with an expiration
date of April 30, 2003.
D. Condition No. V_ 3. of the "General Conditions" of the issued permit states in part
that "The maximum waste level in lagoons/storage ponds shall not exceed that
specified in the Certified Animal Waste Management Plan (CAWMP). At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the
level that provides adequate storage to contain the 25 -year, 24-hour storm event
plus an additional one (1) foot of structural freeboard."
E. The 25 -year, 24-hour storm event for the facility's location is between seven (7)
and eight (8) inches according to National Weather Service, Technical Paper 40,
Rainfall Frequency Atlas of the United States, 1961.

F. Based on the 25 -year, 24-hour storm event of seven (7) to eight (8) inches and one
foot of required structural freeboard, the waste level in the lagoons for P-22 A, B
and C must not exceed nineteen (19) inches.
G. Condition No. III. 6. e. of the "Monitoring and Reporting Requirements" of the
issued permit requires that the permittee shall report by telephone to the
appropriate Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in
Condition V. 3. of the issued permit.
H. In accordance with their permit, Prestage Farms, Inc. notified the Fayetteville
Regional Office on January 27, 2000 that the waste level of the P -22C lagoon was
ten (10) inches.
1. The costs to the State of the enforcement procedures in this matter totaled
$157.42.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Prestage Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Prestage Farms, Inc. violated Condition No. V. 3. of the General Permit by failing
to maintain the Iiquid level in the lagoon at the level specified in the CAWMP.
D. Prestage Farms, Inc. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars (S 10,000.00) per violation may be assessed against a person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Prestage
Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. I4313 -282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
DECISION:
Prestage Farms, Inc. is hereby assessed a civil penalty of:
$ �;00. Cho
$ GOO - 00
for violating Condition No_ V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
TOTAL CIVIL PENALTY, which is 5 percent of the
maximum penalty authorized by G.S. 143-215.6A.
S 157.42 Enforcement costs
S (c S`I, y z TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 considered
the factors listed in G.S. 143B-282.t(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health. or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality:
(4) The cost of rectifying the damage:
(5) The amount of money saved by noncompliance:
(6) Whether the violation was committed willfully or intentionally.
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority:
and
(8) The cost to the State of the enforcement procedures.
S'-29-00 Ys �' C, — �_. � �
(Date) Kerr T. Stevens, Director
Division of Water Quality

�
Prestage Farms, Inc.
March 29, 2000
Mr. Paul E. Rawls
Regional Water Quality Supervisor
NC Department of Environment
And Natural Resources
Division of Water Quality
Fayetteville Regional Office
225 Green Street, Suite 714
Systel Building
Fayetteville, NC 28301-5043
Dear Mr. Rawls:
RECEIVED
MAR 3 1 2000
FAYETTEVILLE
REG. OFFICE
SUBJECT: Response to Notice of Violation for Facility No. 82-349, P-22 C
This letter is to provide the items requested by you in your Notice of Violation dated
March 21, 2000, for the above referenced facility.
We have taken the following actions to lower the lagoon level at our P-22 C farm and to
prevent any future freeboard problems at this facility.
1. We purchased and installed an irrigation system into forty additional acres of land.
2. The Waste Utilization Plan for this facility has been amended to a corn -soybean -
wheat rotation in order to keep the soil aerated more often.
We are pleased to report that the P -22C lagoon was lowered to 13" on February 1, 2000,
and 19" on February 18, 2000.
While it is the goal of Prestage Farms to keep all of our lagoons well within the required
freeboard, the chronic rainfall events that occurred through the winter months greatly
deterred our efforts, as irrigation had to be reduced to a minimum. Although we were
HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329-0438 • PHONE [phone]

4-
Prestage Farms, Inc.
able to keep our lagoons out of freeboard danger, the January ice, snow, and rainstorms
prevented any application of effluent at all. During a three-week period in January, we
received approximately eight inches of precipitation.
At present, the lagoon at P-22 C is at 25" of freeboard, and barring any unforeseeable
occurrences of excessive precipitation, we will keep it well within the required range. I
am sure you will agree that our track record with our lagoon management can attest to
this statement.
Please contact me should you need any additional information.
Sincerely,
Randy Barefoot, Director
Land and Nutrient Management
kk
cc Mr. Steve Lewis
Mr. Wilson Spencer
HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329-0438 • PHONE [phone]

r_
B°B"HUNT JR•,
RNORJ
-3
^K vs1s
HOLMAN .
�.. J
Ar
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 21, 2000
Prestage Farms, Inc.
Attn.: Randy Barefoot
P.O. Box 438
Clinton, NC 28328
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 820349
P-22 A, B, and C
Facility No. 82 - 349
Sampson County
Dear Mr. Barefoot:
You are hereby notified that, having been permitted to have a non -discharge permit
for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have
been found to be in violation of your 2H .0217 Permit.
On January 27, 2000, you or staff from your farm notified the Fayetteville Regional
Office of the Division of Water Quality, as required by General Permit condition HI.6.e,
that the freeboard Ievel of the lagoon was less than the minimum required by the General
Permit. The liquid level of the P -22C lagoon was reported as 10 inches, which is less than
the minimum required for structural stability (less than 12 inches). General Permit
condition V.3 states that "The maximum waste level in Iagoons/storage ponds shall not
exceed that specified in the CAWMP. At a minimum, maximum waste level for
lagoons/storage ponds must not exceed the level that provides adequate storage to contain
the 25 -year, 24-hour storm event plus an additional I foot of structural freeboard.".
The Division of Water Quality requests that the following items be addressed:
1. If not already accomplished, lower the lagoon level to the required freeboard as
specified in your Certified Animal Waste Management Plan (CAWMP) and/or your
Permit in a manner that is consistent with your CAWMP and your Permit.
2. Please provide specific actions proposed to prevent future freeboard violations at this
facility, which are not in compliance with the CAWMP or the General Permit.
225 GREEN STREET, SUITE 714 / SYSTEL 8L0. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX 910-4B6-0707
AN EQUAL OPPORTUNITY / AFFIRMATIvE ACTION EMPLOYER - 50% RECYCLED/10%p POST -CONSUMER PAPER

Page 2
P-22 A -C
March 21, 2000
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation.
You are hereby notified that based on the above information the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for these
violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more
than 525,000.00 per day per violation.
If you have an explanation for these violations that you wish to present to this office please forward
a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed
with recommendations for enforcement. This response should be received by this office on or before March
31, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central Office will be reviewed and if enforcement
is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package
for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery
Brown, Environmental Engineer or myself at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group

r
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
September 14, 1998
CERTEELER-MALL
_ V .0 r" f -
Randy Barefoot
Prestage Farms
P.O. Box 438
Clinton, NC 28329
SUBJECT: NOTICE OF DEFICIENCY
P-22 A -C
Registration No. 82 - 349
Sampson County
Dear Mr. Barefoot:
On August 20, 1998, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the P-22 A -C swine facility in Sampson County. It was
observed that there was surface water standing in the low lying area in the spray
field containing the center pivot. It was also noted that there was waste water
standing in a portion of the same spray field. The crop for this field as listed in the
Certified Animal Waste Management Plan (CAWMP) was coastal bermuda.
However, the coastal bermuda grass was poor to nonexistent in a large portion of
the spray field. Crab grass was the dominant grass in this spray field.
In regard to the deficiencies noted during the inspection, the following actions
are requested -
1. Need to determine the best possible solution to draining the standing surface
water from the depression area in the large spray field so that this area can be
utilized for waste application as listed in the CAWMP.
2. In order to prevent over application of waste water onto spray fields, a more
thorough inspection needs to take place on a routine basis during irrigation to
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA x8301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
P-22 A -C
September 14, 1998
determine if waste water is being applied at more than agronomic rates.
3. Evaluate coastal bermuda stand at end of growing season to determine if coastal will need to be
resprigged in the spring in order to obtain an adequate stand.
Please provide a written response to this office on or before October 9, 1998 regarding corrective
actions taken or planned. Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have or may result from these deficiencies. If you
have any questions concerning this matter, please call Jeffery Brown, at [phone].
Sincerely,
/#�j AM44--�
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Wilson Spencer - Sampson Co. MRCS

Prestage Farms, Inc.
October 5, 1998 RECE! V
D
1993
Mr. Jeffery Browny
Environmental Engineer
North Carolina Department of Environment & Natural Resources
Fayetteville Regional Office
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, North Carolina 28302-5043
RE: Notice of Deficiency/P-22 A -C, Registration No. 82 - 349
Dear Mr. Brown:
This letter is in response to the Notice of Deficiency issued by your office to Prestage
Farms dated September 14, 1998. Per your request, I am submitting a written response
regarding corrective actions taken or planned by Prestage Farms regarding the issues you
defined as deficiencies during an August 20th inspection of our farm, P-22 A -C.
1. The spray field area in question has been evaluated and we are currently working on a
draining process for the area.
2. Once effective drainage occurs, the field will be re -shaped.
3. We intend for the operator -in -charge to more closely monitor the site during future
irrigation events.
4. We will evaluate the coastal bermuda stand and re -sprig as needed.
Please contact me should you need additional information.
Sinc ly,
Randyarefoot
Director, Department of Land and Nutrient Management
cc: Operations Branch
Central Files
Audrey Oxendine
Sam Warren
dj1RB
HIGHWAY 421 SOUTH - P. O. BOX 438 - CLINTON, N. C. 28329-0438 - PHONE [phone]

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DEHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 6, 1996
Mr. Bill Prestage
P.O. Box 438
Highway 421 South
Clinton, NC 28328
Dear Mr. Prestage,
SUBJECT: P-22 A,B,C
Reg. # 82-349
Sampson Co.
On 2/13/96 and 4/4/96 staff from the Fayetteville Regional
Office of the Division of Environmental Management inspected your
animal operations and the lagoons serving this operation. It was
observed that very little or no active cover crop existed at the
farm site. In addition, it was also noted on 4/4/96 that two spray
guns were positioned in a barren future spray field. Mr. Glenn
Clifton explained that if application of waste has occurred, a
cover crop will be planted within 30 days which would coincide will
MRCS recommendations. However, numerous piles of cleared trees
still remained in the fields and this facility will be inspected
again to check the progress of the newly planted cover crop.
Therefore, in order to properly correct the deficiency listed
above, it is required that the barren fields be cleared of debris
and a cover crop should be planted in the time frame previously
discussed or alternative disposal methods be determined.
To remain a deemed permitted facility, all corrective actions
must be made by 5/31/96. Failure to do so may result in the
facility losing it's deemed permitted status, and you may be
required to apply for an individual nondischarge permit.
Please be aware it is a violation of North Carolina General
Statutes to discharge wastewater to the surface waters of the State
without a permit. The Division of Environmental Management has the
authority to levy a civil penalty of not more than $10,000.00 per
day per violation.
Wachovia Building, Suite 714, Fayetteville���� FAX [phone]
North Carolina 28301-5043 N�� An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

Mr. Prestage
Page 2
5/6/96
When the required corrective actions are complete, please notify
this office in writing at the address below. If you have any
questions concerning this matter, please call Ed Buchan or Michael
Wicker at [phone].
Wachovia Bldg.
Suite 714
Fayetteville, NC 28301-5043
Sincerely,
Ed Buchan
Environmental Engineer I
cc: Wilson Spencer - Sampson Co. NRCS
Chris Walling - Soil and Water Conservation (Fayetteville)
Dianne Wilburn - DEM Facility Compliance Unit (Raleigh)

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